Jack Smith Testifies to Congress on Trump Crimes | Part 2
Quick Read
Summary
Takeaways
- ❖Donald Trump and his co-conspirators engaged in extensive contact with members of Congress before and on January 6, 2021, to delay vote certification using knowingly false claims.
- ❖Rudy Giuliani left voicemails for senators with false claims and admitted to targeting only Republicans for cooperation.
- ❖Giuliani disavowed many of his voter fraud claims during his interview, calling them 'mistakes or hyperbole'.
- ❖Special Counsel Jack Smith's investigation interviewed Mark Meadows, who had been in regular contact with Steve Bannon around January 6th.
- ❖Toll records were collected from members of Congress for periods including January 4-7, 2021, and November 3, 2020, through January 6/7, 2021, but did not include content of calls or texts.
- ❖Trump was charged in four different jurisdictions, an uncommon occurrence for a defendant.
- ❖Evidence showed Trump was repeatedly told by his campaign team and political allies that his fraud claims were untrue and that he had lost the election.
- ❖Trump's false claims included dead voters, underage voters, and illegal alien voters, primarily targeting urban centers in states he lost.
- ❖The First Amendment does not protect speech made as part of a fraud, which was a core legal argument in the election interference case.
- ❖Classified documents were stored in unsecured locations at Mar-a-Lago, including a ballroom stage and a bathroom/shower, and were accessible to many individuals.
- ❖Trump directed Walt Nauta to move 64 boxes from a storage room to his residence, returning only 30, before his attorney searched for classified documents.
- ❖Trump and Carlos De Oliveira attempted to delete security camera footage at Mar-a-Lago after a grand jury subpoena was issued for it.
- ❖The FBI seized 102 classified documents from Mar-a-Lago during a court-authorized search, including top secret and secret markings.
- ❖Trump shared a classified 'plan of attack' document with individuals without security clearances at Bedminster.
- ❖Special Counsel's office staff were fired, and attorneys representing Smith had their security clearances suspended and government contracts terminated via executive order, which Smith viewed as retribution.
- ❖President Trump pardoned individuals who violently assaulted police officers on January 6th, as well as unindicted co-conspirators in the election overturning efforts, sending a negative message about election integrity and law enforcement.
Insights
1Extensive Congressional Contact and False Claims
Donald Trump and his co-conspirators made extensive contact with members of Congress before and on January 6, 2021. These communications often involved knowingly false claims of election fraud, aimed at delaying the certification of votes. Rudy Giuliani, a key co-conspirator, left voicemails for senators containing these false claims.
Special Counsel Smith stated, 'there was pretty extensive contact with members of Congress... either they were reaching out to the White House or the White House was reaching out to them.' He cited two voicemails Rudy Giuliani left for senators, 'show him saying things that were not true... using knowingly false claims to try to get those senators to further delay the certification of the vote.'
2Targeting Republicans and Giuliani's Disavowal of Claims
The effort to overturn the election primarily targeted Republican officials, leveraging party allegiance. Rudy Giuliani explicitly stated he would not call Democrats and expected cooperation from Republicans. During his interview with the Special Counsel's office, Giuliani disavowed many of his public voter fraud claims, characterizing them as 'mistakes or hyperbole'.
Smith recounted Giuliani's interview: 'we asked him, you know, why did you say you were calling on your fellow Republicans? And he he said, 'Well, I wasn't going to be calling Democrats about this. Even some Republicans wouldn't go along with this.'... our evidence was he did not [truly believe all the claims]. And in fact, when we interviewed him, he disavowed a number of the claims. He claimed they were mistakes or hyperbole.'
3Trump's Knowledge of Election Loss and Falsehoods
The investigation gathered substantial evidence indicating Donald Trump knew he had lost the 2020 election and that his claims of fraud were false. This knowledge was repeatedly conveyed to him by campaign staff, political allies, and state officials.
Smith explained, 'there were two types of knowledge. one that he lost the election and another that the things he was saying the false the fraud claims were in fact false.' He cited, 'he was repeatedly told by people that the very fraud claims that would change the outcome were not true.' He also mentioned Trump's statements like 'can you believe I lost to this effing guy.'
4Unsecured Storage of Classified Documents at Mar-a-Lago
Donald Trump willfully retained highly classified national defense information at Mar-a-Lago after leaving office. These documents were stored in unsecured and publicly accessible locations, including a ballroom stage, a business center, and a bathroom/shower, despite the club hosting numerous events with thousands of guests.
Smith referenced indictment photos showing boxes on a 'ballroom stage' () and later moved to a 'bathroom and shower in the lake room' (). He noted, 'Mar-a-Lago... hosted more than 150 social events... drawing tens of thousands of guests.' (). He also clarified, 'the Secret Service... was not responsible for the protection of boxes or their contents.' ().
5Obstruction of Classified Documents Investigation
After receiving a grand jury subpoena for classified documents, Trump directed his aide, Walt Nauta, to move 64 boxes from a storage room to his residence. Only 30 boxes were returned before his attorney conducted a search. Additionally, Trump and Carlos De Oliveira attempted to delete security camera footage that would have shown the movement of these boxes.
Smith stated, 'Na at Trump's direction moved 64 boxes from the storage room to the residence... and then afterwards Na and Da Vo returned to the storage room only 30 boxes.' (). He detailed that De Oliveira told a Trump employee that 'the boss wanted the server deleted' regarding security footage ().
6Political Retaliation Against Special Counsel's Office
Special Counsel Smith and his team faced significant political retaliation for their work. This included President Trump publicly targeting Smith with disparaging remarks, issuing an executive order to suspend the security clearances of Smith's attorneys, and the firing of over a dozen career prosecutors and FBI agents from the Special Counsel's office without justification.
Smith confirmed Trump called him a 'deranged lunatic' and 'criminal' (). He stated Trump 'filed an executive order against the law firm and sought to withdraw the security clearances of my attorney' (). Smith also confirmed 'more than a dozen' career attorneys and agents were fired, with 'no justification' given ().
Notable Moments
Special Counsel Smith details Rudy Giuliani's strategy to target only Republicans for election subversion efforts, expecting cooperation due to party allegiance, and Giuliani's later admission that he didn't believe his own fraud claims.
This reveals a calculated, partisan approach to undermining election results, rather than a genuine belief in widespread fraud. Giuliani's subsequent disavowal of his claims undermines the credibility of the entire 'Stop the Steal' movement and highlights the deliberate nature of the deception.
Smith explains that the First Amendment does not protect speech used to commit fraud, directly addressing arguments that Trump's actions were protected free speech.
This clarifies a crucial legal distinction, emphasizing that knowingly false statements made to advance a criminal scheme are not constitutionally protected. It frames Trump's actions within established legal precedents for fraud, rather than political discourse.
Smith describes the shocking conditions under which classified documents were stored at Mar-a-Lago, including in a ballroom and a bathroom, and the deliberate efforts to conceal them from investigators.
This illustrates a severe disregard for national security protocols and the potential for compromise of sensitive information. The detailed account of obstruction, including moving boxes and attempting to delete surveillance footage, points to a conscious effort to impede justice.
Smith expresses deep emotional concern over the political retaliation faced by career prosecutors and FBI agents involved in his investigations, including firings and the suspension of his attorneys' security clearances.
This highlights a direct threat to the independence and integrity of the justice system. Such actions can deter public servants from pursuing politically sensitive cases, leading to a 'patronage system' rife with 'corruption and incompetence,' ultimately undermining the rule of law and national security.
Quotes
"just say the election is corrupt and leave the rest to me and the Republican congressman."
"Well, I wasn't going to be calling Democrats about this. Even some Republicans wouldn't go along with this."
"it doesn't matter if you won or lost the election, you still fight like hell."
"If the things we alleged were proven it would amount to attack on the structure of our democracy."
"These thugs should all be investigated and put in prison. A disgrace to humanity. Deranged Jack Smith is a criminal with three exclamation marks."
"I believe that President Trump wants to seek retribution against me because of my role as special counsel."
"I don't think it's really my opinion. Uh, I think we've already seen some of the people who were pardoned go on to commit other serious crimes. And I don't have much doubt that in the coming months and years we'll see more of that."
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